Sec.  73.810   Third adjacent channel complaint and license modification procedure.

   (a) An LPFM station is required to provide copies of all complaints alleging
   that the signal of such LPFM station is interfering with or impairing the
   reception of the signal of a full power station to such affected full power
   station.

   (b) A full power station shall review all complaints it receives, either
   directly or indirectly, from listeners regarding alleged interference caused
   by the operations of an LPFM station. Such full power station shall also
   identify those that qualify as bona fide complaints under this section and
   promptly provide such LPFM station with copies of all bona fide complaints.
   A bona fide complaint:

   (1) Is a complaint alleging third adjacent channel interference caused by an
   LPFM station that has its transmitter site located within the predicted 60
   dBu contour of the affected full power station as such contour existed as of
   the date the LPFM station construction permit was granted;

   (2) Must be in the form of an affidavit, and state the nature and location
   of the alleged interference;

   (3) Must involve a fixed receiver located within the 60 dBu contour of the
   affected full power station and not more than one kilometer from the LPFM
   transmitter site; and

   (4) Must be received by either the LPFM or full power station within one
   year of the date on which the LPFM station commenced broadcasts with its
   currently authorized facilities.

   (c) An LPFM station will be given a reasonable opportunity to resolve all
   interference complaints. A complaint will be considered resolved where the
   complainant does not reasonably cooperate with an LPFM station's remedial
   efforts.

   (d) In the event that the number of unresolved complaints plus the number of
   complaints for which the source of interference remains in dispute equals at
   least  one  percent of the households within one kilometer of the LPFM
   transmitter site or thirty households, whichever is less, the LPFM and full
   power stations must cooperate in an “on-off” test to determine whether the
   interference is traceable to the LPFM station.

   (e) If the number of unresolved and disputed complaints exceeds the numeric
   threshold specified in subsection (d) following an “on-off” test, the full
   power station may request that the Commission initiate a proceeding to
   consider whether the LPFM station license should be modified or cancelled,
   which will be completed by the Commission within 90 days. Parties may seek
   extensions of the 90 day deadline consistent with Commission rules.

   (f) An LPFM station may stay any procedures initiated pursuant to paragraph
   (e)  of  this  section by voluntarily ceasing operations and filing an
   application for facility modification within twenty days of the commencement
   of such procedures.

   [ 65 FR 67302 , Nov. 9, 2000;  65 FR 69458 , Nov. 17, 2000]